试析高等教育权益之司法救济机制——以设置教育法庭为中心

Analysis of Judicial Relief Mechnasim of Higher Educational Rights and Interests——Focus on Constitution of Higher Educational Courts

虽然我国高等教育领域内的权益保护有宪法明确的条款,但是现实中的高等教育权益缺乏实质性法律、法规的保护,尤其在司法救济保护机制上处于一种模糊的状态。而宪法所赋予的公民高等教育权益如果没有具体的司法救济平台,该项权利只能是"空中楼阁"。因此,只有通过成立专业教育法庭,实现同类型案件集中审,专门案件专业审,让司法服务更加专业化、精细化,建立具体可操作性的司法救济保护机制,实现我国高等教育领域内依法治校、依法治教的终极目标,促进"象牙塔"内的公平与正义。

Despite of the existence of detailed and clear protection terms in constitution appertaining rights and interests in China＇s field of higher education,yet what is worth our noting is that there is a deficiency of protection mechanism of substantial laws and regulations concerning the conflicts existing in realistic higher educational rights and interests. More seriously,there lies a problem that in judicial relief,protection mechanism is completely in a state of chaos. However,if there is no concrete platform of judicial relief,the rights and interests endowed by constitution would be a castle in the air or elusive hypothesis. So we can conclude that only by setting up professional educational courts and concentrated proceedings of the same types of cases and specializing in special cases as well can we make judicial services more professional and elaborate. Constituting indispensable rights of higher education in modern society requires feasible judicial relief protection mechanism so that the aims of management of colleges and universities and education in accordance with laws will be achieved and then make sure the fairness and justice in the tower of ivory.